Attention is invited to
Para 27(2) of the Handbook of Procedures (Vol. I), 1992-97(Revised
Edition: March, 1996) according to which import of all types of plastic
wastes/ scrap (except PET bottle waste/scrap) and animal dung or animal
excreta shall not, be permitted, except against a licence. The matter
relating to grant of licenses for import of such plastic wastes/scrap
has been examined in consultation with the Deptt. of Chemicals &
Petrochemicals and other Ministries and it has been decided to prescribe
the following guidelines/ conditions for consideration of applications
for import of plastic wastes/ scrap. Applicants who wish to submit
applications to the Directorate General of Foreign Trade, Udyog Bhawan,
New Delhi, for grant of licence for import of plastic wastes/ scrap are
required to strictly comply with these guidelines/ conditions.

(i) Import of
plastic waste/ scrap (except PET bottle waste/ scrap) shall be permitted
only against a licence. The description/ definition of the plastic
waste/ scrap for this purpose would be:

�Plastic scrap/ waste
constitute those fractions of plastics generated by various plastic
processing operations or those fractions generated in the production
process of plastics in a plant, which have not been put to any use
whatsoever and as such can be termed as virgin or new material which can
be recycled into viable commercial products using standard plastic
processing techniques but without involving any process of cleaning,
whereby effluents are generated.�

(iii) Any other
category of plastic scrap/waste, which are not covered by the
description/ definition, as given in sub-para (i) and (ii) above shall
not ordinarily be permitted.

(iv) Applications for
import licences would be received in the Headquarter of the DGFT as per
procedure prescribed in this regard. DGFT would obtain comments on each
application from the Deptt. of Chemicals & Petrochemicals and
Ministry of Environment & Forests. Based on the comments of Deptt.
of Chemicals & Petrochemicals and the Ministry of Environment &
Forests, the individual cases shall be put up to the Special Licensing
Committee (SLC) of DGFT for consideration.

(v) The plastic
scrap/wastes conforming to the description indicated in sub-paragraphs
(i) and (ii) above would be permitted only to the actual users who have
the required facility for recycling such scrap/ waste and who are duly
registered with the competent State/ Central authority and also possess
clear pollution clearance certificate from the concerned State Pollution
Board where the unit is located, as well as a capacity assessment
certificate.

(vi) Each consignment
of plastic scrap/wastes imported against an import licence issued in
this regard shall be accompanied with a certificate from the factory in
which it was generated to the effect that it conforms to the
description/ definition as given in sub-paragraph (i) above. The
importer of the plastic scrap/waste would also be required to furnish a
declaration to the Customs authorities at the time of clearance of goods
certifying that the plastic scrap/ wastes imported by him and for which
clearance is being sought, strictly conforms to the description/
definition as given in sub-paragraph (i) and (ii) above and that it is
free from any kind of toxic/non-toxic contamination and has not been put
to any previous use, whatsoever.

(vii) Before the
clearance of the plastic waste/scrap, all imported consignments of such
plastic scrap/waste shall be subjected to scrutiny and testing of
samples.

Customs authorities shall
for this purpose draw a sample and send the same to the nearest
laboratory/Office of the Central Institute of Plastic Engineering &
Technology (CIPET) with a view to having the same analysed and verified
that such imported consignments are in conformity with the
description/definition as given in sub-paragraphs (i) and (ii) above.

(viii) Special
Licensing Committee while considering import take into account, the
quantity and value of plastic wastes/ scrap imported by the applicant
during the previous licensing years.

(ix) In case of
misdeclaration regarding the material being free from any
toxic/hazardous substances by the importer, action as per laws of
Ministry of Environment and Forests applicable under the Environment
(Protection) Act for committing offences leading to damage of
environment and increase in pollution in the country, as modified and in
force from time to time, would be taken by the competent authority.

For any other
misdeclaration, laws formulated by the Directorate General of Foreign
Trade, in force from time to time, would also apply and action as per
Foreign Trade (Development and Regulation) Act, 1992 shall be initiated
by the competent authority.

(x) Import licences
issued in accordance with this Public Notice shall be subject to Actual
User condition and any other such condition as may be imposed by the
Special Licensing Committee.

2. The guidelines
and conditions contained in Para 1(i) (ii)(iii)(v)(vi)(vii)(ix) shall
also be applicable to the imports made under the Duty Exemption Scheme
against Advance Licence. Applications for Advance Licences for the
import of plastic wastes and scrap shall in this case be considered by
the Advance Licensing Committee DGFT (H.Q.) in accordance with the
guidelines laid down in Paras 1(iv) and 1 (viii) above, and licences
issued subject to Actual User condition.

3. While imports of plastic wastes and scrap by 100% EOUs
and units in the EPZ shall continue to be governed by the provisions of
para 94 of the Export and Import Policy, the parameters for import of
plastic wastes/ scrap as specified herewith.

This Public Notice shall however be kept in view by the Board of Approval concerned while approving such units under the Scheme.